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Tuesday, April 30, 2024

Village of La Grange Board of Trustees Met October 12

Meeting 02

Village of La Grange Board of Trustees met Oct. 12.

Here is the minutes provided by the board:

Due to the physical distancing standards required under Governor Pritzker's order and guidance, seating in the Village Hall Auditorium was limited for the meeting. Face coverings were required to be worn during the meeting and throughout the Village Hall.

Public comments were also accepted in advance of the meeting by phone and e-mail.

1. CALL TO ORDER AND ROLL CALL

The Board of Trustees of the Village of La Grange meeting was called to order at 7:30 p.m. by Village President, Mark Kuchler. On roll call, as read by Village Clerk John Burns, the following were:

PRESENT: Trustees Augustine, Gale, Holder, Kotynek, McCarty and McGee with President Kuchler presiding.

ABSENT: None

OTHERS: Village Manager Andrianna Peterson 

Village Attorney Mark Burkland 

Public Works Director Ryan Gillingham 

Community Development Director Charity Jones 

Finance Director Lou Cipparrone 

Police Chief Kurt Bluder 

Fire Chief Terrence Vavra

President Kuchler welcomed the Village Board and thanked Trustees for attending the meeting which has been modified to adjust for social distancing and the wearing of face coverings. He reminded everyone to stay six feet apart and wear a mask at all times while in the Village Hall. The video of the meeting was broadcasted on cable television,

YouTube, and will also be available on Facebook and posted to the Village website. Residents were encouraged to submit public comments on the agenda via email or telephone prior to the meeting.

2. PRESIDENT'S REPORT

President Kuchler thanked residents and businesses for their continued diligence with following the CDC and IDPH guidelines to reduce the transmission of COVID-19. The CDC has provided guidance regarding safe holiday gatherings which has been added to the Village website. The Village continues to remind residents to be vigilant about wearing face coverings, social distancing and handwashing. The Village and La Grange Business Association are in the process of providing a video highlighting the enhanced safety practices that our restaurants are employing during the pandemic. He asked the public to please continue to shop our valued La Grange businesses and patronize La Grange restaurants as often as possible.

President Kuchler asked Trustee Holder for a hospital update. Trustee Holder advised that COVID positive patients continue to remain in the single digits at the Hospital. He stressed that while there is no vaccine for COVID-19 yet, there is a vaccine for the flu. As flu season is quickly approaching, he urged residents to please get the flu shot. He noted that nationwide there has been an increase in COVID-19 cases, and the United States is currently the world leader in COVID deaths. He stressed that this is not a virus to take lightly. If exposed, please contact your doctor and get tested.

President Kuchler announced that the Village is celebrating “Skeletober in La Grange” this month and he welcomed visitors to enjoy our costumed and friendly skeletons located throughout downtown. Visitors are encouraged to take pictures with our skeleton friends and post them on social media while tagging the La Grange Business Association and using #skeletober. Postings will be entered in random drawings through October for fun prizes from local businesses. He asked the public to please participate in the Skeleton Scavenger Hunt available this month and visit www.skeletober.com to get the first clue to our Halloween adventure. He thanked Nancy Cummings and the LGBA for all of the effort that goes into these wonderful programs. He noted that the Village's long standing partnership with the LGBA is critical to providing experiences and opportunities that showcase our local businesses and community.

President Kuchler announced that Trick or Treating hours on Halloween, October 31, would be 3 p.m. to 7 p.m. La Grange, along with the Villages of La Grange Park, Western Springs and the City of Countryside, issued trick or treat guidelines for Halloween that are based on guidance from the Illinois Department of Public Health and the Centers for Disease Control and Prevention. He noted that to keep everyone safe, if you are choosing to participate in Halloween activities, please follow the 3W's (wear a mask, wash your hands and watch your distance). For more information about how you can participate in a safe and responsible manner, please visit the Village website. He noted that after Halloween, please consider composting your pumpkin at Pumpkin Smash 2020 – “Green Your Halloween” – held on Saturday, November 7 from 10 a.m. to noon at the La Grange Park Department of Public Works. The program is sponsored by the La Grange Environmental Quality Commission and the La Grange Park Sustainability Commission.

President Kuchler announced that the Village has been advised by the U.S. Census Bueau that although all Census activities were scheduled to end on October 5, they have now been extended until October 31. La Grange receives over $2.8 million annually based on population and we could lose significant funding if residents do not complete the Census. He urged everyone to respond to the Census online at my2020census.gov or by phone at 1-844-330-2020.

President Kuchler announced that this October, the National Highway Traffic Safety Administration is launching the first National Pedestrian Safety Month with a goal of increasing awareness about pedestrian safety, and reminding drivers and walkers that staying safe is a shared responsibility. As the end of Daylight Savings Time approaches and nights get longer, the risks for pedestrians increase. As a partner in the effort, the Grange Police Department has posted a video to their Facebook page with reminders for motorists when approaching intersections, crosswalks or passing bicyclists. He asked that all residents and visitors "Be the Change, Travel Safely in La Grange”.

President Kuchler reported that Sergeant David Rohlicek has been named the new Deputy Police Chief after a competitive internal process. Sergeant Dave Rohlicek is currently a Watch Commander and has been with the Police Department for almost 28 years. He has a Bachelor's Degree in Law Enforcement Administration and will be graduating from the Northwestern University School of Police Staff and Command on October 23. Sergeant Rohlicek has a long resume of accomplishments within the Department including service as an Investigator, Field Training Officer and DARE Instructor.

A. Appointment - Gina Lavorato, Design Review Commission

A recommendation to appoint Gina Lavorato to the Design Review Commission was presented by President Kuchler. Trustee Holder made a motion to approve the appointment, seconded by Trustee Augustine. Motion carried on a voice vote.

B. Appointment - William O'Brien, Fire Pension Board

A recommendation to appoint William O'Brien to the Fire Pension Board was presented by President Kuchler. Trustee Holder made a motion to approve the appointment, seconded by Trustee McGee. Motion carried on a voice vote.

3. MANAGER'S REPORT

Village Manager Andrianna Peterson announced that the Drug Enforcement Administration is coordinating a national effort to collect unwanted, unused and expired medications on Saturday, October 24, 2020 from 10 a.m. to 2 p.m. The Police Department lobby will serve as a regional drop off facility. In order to minimize the spread of the COVID-19 virus, participants are asked to follow the CDC guidelines including wearing a mask that covers your mouth and nose, maintaining social distancing and limiting the number of people to two at any given time. Residents can also drop off unused medications at any time, as the Police Department has a permanent collection box located in their lobby that is open to the public. For more information including a list of acceptable and unacceptable items, please visit the Village website.

4. PUBLIC COMMENT REGARDING AGENDA ITEMS

None.

CONSENT AGENDA AND VOTE 

A. Contract – 2020 Sidewalk Saw Cutting Program

B. Purchase - Public Works / FY2020-21 Tree Planting Program  

Resolution - Public Works / Suburban Tree Consortium

C. Purchase – Public Works / Rock Salt

D. Ordinance – Disposal of Vehicle – Public Works

E. Minutes of the Village of La Grange Village Board of Trustees Regular Meeting, Monday, September 28, 2020

F. Consolidated Voucher 201012

Trustee Augustine stated that in consideration of her relationship with the Village Prosecutor, she recused herself from each item on the voucher related to the Village Prosecutor.

Trustee Holder asked for more information regarding the disposal of the truck described in item 5-D. Public Works Director Gillingham responded that while we generally dispose of the oldest truck, another vehicle was determined to be in worse condition.

Trustee Holder asked for more information about saw cutting. Mr. Gillingham responded that when there is an elevation difference between two sidewalk slabs, the two edges can be ‘sanded down' to eliminate the difference in elevation in some cases.

Trustee Augustine inquired if the status of the 50/50 resident sidewalk replacement list had dwindled and with the lower cost of saw cutting, if there would be further action to inform residents of funding availability. Mr. Gillingham responded that we are looking at ways to implement saw cutting in conjunction with resident requests to replace sidewalks. He advised that when the Village receives notice of a deviation, they will go to the location and evaluate if the sidewalk can be saw cut to eliminate the risk. If funds are available, the Village will first focus on areas with high pedestrian traffic and areas near schools and parks.

A motion was made by Trustee Holder to approve the Consent Agenda as presented, seconded by Trustee McGee.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Holder, Kotynek, McCarty and McGee 

Nays: None 

Absent: None

6. CURRENT BUSINESS

A. Ordinance - Variation - Specified Structures and Uses in Front Yards (Patio) / Robert Heath Tow, 1501 West 41st Street

President Kuchler asked Trustee Augustine to introduce the item. Trustee Augustine advised that the petitioner, Robert Heath Tow, owner of the property at 1501 W. 41st St., applied for a variation for a new patio that encroached more than seven feet (roughly 28 feet) into the required front yard of the Subject Property. The petitioner also applied for a variation for trellises in the front yard that exceeded the maximum six-foot length permitted by the Zoning Code. Both the patio and trellises were constructed prior to receiving a permit.

The Zoning Board of Appeals conducted a hearing on the application on June 18, 2020. After hearing testimony and deliberating, the Zoning Board of Appeals voted 4-1 to recommend denial of the requested variations. The application and the Zoning Board of Appeals findings were provided for consideration at the Village Board's regular meeting on August 24, 2020. At the meeting the petitioner requested that the application be remanded back to the Zoning Board of Appeals to allow him to present a revised application. The Village Board granted the petitioner's request and the Zoning Board of Appeals conducted a new public hearing on the revised application on September 17, 2020.

The subject property is located in the R-4 District, which allows for patios to encroach up to seven feet into the required front yard, but no closer than 20 ft. to the front lot line. The petitioner proposed a patio that will encroach 16.89 ft. into the required front yard, which would result in a 17.94 ft. setback from the front lot line. This is a 9.89 ft. variation from the maximum allowable front yard encroachment and a 2.06 ft. variation from the minimum setback from the front lot line (20 ft.) per the Zoning Code. The petitioner also seeks a 10.5 ft. long trellis in the front yard. The R-4 District allows for trellises to be constructed in the front yard as long as no horizontal element is greater than six feet. The petitioner's trellis is longer than the Zoning Code allows. The petitioner proposes to remove the middle portions of the existing trellis but the trellis would still be too long at the corner. The petitioner thus is seeking a variation to allow the segments at the corner to remain as-is.

The Zoning Code allows for reductions in the dimensions of any setback if the standards for variations are met. The patio and trellis would not require any other variations from code (in particular the project otherwise meets lot coverage requirements).

At the September 17, 2020 hearing before the Zoning Board of Appeals, the petitioner testified that the requested variations will allow him to have a functional private outdoor area. The petitioner further testisied that the configuration of the house on the lot and the front door location (facing the corner side yard) created a unique physical condition that limits his options for the placement of the private outdoor area. The petitioner also stated if he enlarged or added another patio in the corner side yard, it would have similar visual impacts because the corner side yard is adjacent to the front yards of the neighboring properties on Peck Ave. Additionally, the petitioner noted that the patio, as proposed, would be permitted as of right in the corner side yard.

At the hearing, no members of the public provided comment on the revised application. After the hearing was closed, the Zoning Board of Appeals found that the configuration of the house near the interior side and rear lot lines, the location of the front door, and the fact that the property is a corner lot posed challenges for the petitioner to place accessory structures. The Zoning Board of Appeals further found that patios and similar outdoor spaces are common in residential areas of the Village. After hearing testimony and deliberating, the Zoning Board of Appeals voted 5-2 to recommend approval of the requested variation for the patio.

The Zoning Board of Appeals also found, that although the petitioner proposed to partially reduce the length of the trellis, there were reasonable alternatives for the trellis that would not require a variation. The Zoning Board of Appeals voted 5-2 to recommend denial of the requested variation for the trellis.

Trustee McCarty asked Director Jones to confirm if the petitioners had a permit. Community Development Director Jones responded that the patio was not permitted. There was a permit obtained for the construction of the driveway, however there was confusion between the contractor and homeowner on permitting the entire project. This led to the construction of the patio and trellis without a permit. The petitioner has agreed to abide by what is approved today by the Village Board.

Trustee McCarty noted that although a corner lot, historically front yards have not been allowed to have patios or fences and the construction as it exists now presents a significant encroachment.

Trustee Augustine advised that she understood the struggle the petitioner is faced with as she too lives on a corner lot. She noted that most corner lots have the home situated in the center. However, the petitioner's home is set back closer to the northwest corner of the lot which does present a challenge when adding improvements.

Trustee Holder asked if the construction was approved, would it create a precedent for similar corner properties. Village Attorney Burkland responded that the Board is not bound from one determination to another as every case is unique.

It was moved by Trustee Augustine to approve the ordinance creating a variation for a patio in the front yard of 1501 West 41st Street, seconded by Trustee McCarty.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Holder, Kotynek and McGee 

Nays: McCarty 

Absent: None

Ordinance – Variation - Specified Structures and Uses in Front Yards (Trellis) / Robert Heath Tow, 1501 West 41st Street

Mr. Burkland advised that because the Zoning Board voted to deny this portion of the variation request, four Trustees must vote to approve the variation in order for it to pass.

Trustee McCarty noted that this revised proposal for the trellis reduced the total footprint by significant amunt but it still leaves 12feet oftrellis t er M.Jones advised that the Zoning Board communicated that they believed more of the trellis could be removed to come into compliance.

Trustee Holder inquired if the trellis was made up of 3 panel sections and if the petitioner would be removing the middle section of each side. Ms. Jones advised that was correct.

Trustee McCarty noted that this is an important variation to consider because it concerns a front yard fence, which are not allowed.

Trustee Gale inquired if the corner segment of the trellis were removed, would it be approved. Ms. Jones advised that it would.

Trustee Holder noted that the Zoning Board of Appeals met twice to discuss this variation and discussed alternatives to utilizing a trellis.

It was moved by Trustee Holder to approve the ordinance for the variation for the trellis in the front yard for Robert Heath Tow at 1501 W. 41st Street, seconded by Trustee Gale.

Failed by a roll call vote:

Ayes: Trustees Augustine, Gale, Holder, Kotynek, McCarty and McGee

Nays: None

Absent: None

B. Ordinance – Variation - Specified Structures and Uses in Corner Side Yards / Kurt and Stella Volkman, 725 Bell Avenue

President Kuchler asked Trustee Augustine to introduce the item. Trustee Augustine advised that the petitioners, Kurt and Stella Volkman, owners of the property at 725 Bell Avenue applied for a variation to construct a patio that encroaches more than seven feet into the required corner side yard as permitted by the Zoning Code. The petitioners are requesting that the patio be permitted to encroach roughly 16.5 ft. into the required corner side yard and have a six inch setback from the corner side lot line.

The Zoning Code allows for reductions in the dimensions of any setback if the standards for variations are met. The patio would not require any other variations from code (in particular the project otherwise meets lot coverage requirements).

On September 17, 2020, the Zoning Board of Appeals held a public hearing on the application. At the hearing, the petitioners testified that the requested variation will allow them to correct an unsafe condition on their property. The petitioners testified that the previous property owner and general contractor left construction waste buried in the corner side yard and this has created a steep slope in the area where the patio is proposed to be located. They further testified that 1) other potential patio locations near the home are constrained by a previously existing cistern and 2) locating the patio further into the rear yard would potentially require changes to the existing grading for the property. At the hearing, no members of the public provided comment on the application.

The Zoning Board of Appeals found that the existing conditions of the property created a unique physical hardship and that the proposed construction of a new patio would improve drainage conditions along Brainard Avenue. The Zoning Board of Appeals further found that petitioners did not create the existing condition of the property. After hearing testimony and deliberating, the Zoning Board of Appeals voted 7-0 to recommend approval of the requested variation for the patio.

Trustee McCarty noted the difficult situation the petitioners were faced with and expressed his support for the variation.

Trustee Augustine stated that it would improve the property.

It was moved by Trustee Augustine to approve the ordinance creating a variation for a patio in the corner side yard of 725 Bell Avenue, seconded by Trustee Holder.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Holder, Kotynek, McCarty and McGee

Nays: None

Absent: None

C. 2020 Holiday Promotions and La Grange Business Association Request for Village Sponsorship

President Kuchler asked Trustee Holder to introduce the item. Trustee Holder advised that each year in November, the Village Board typically approves a sponsorship request from the La Grange Business Association (LGBA) to support the operational expenses associated with the annual La Grange Holiday Walk. For the past several years the Village has budgeted and provided a $16,000 sponsorship for the Holiday Walk based on certain conditions.

This year, due to COVID social distancing requirements, staff and the LGBA are not recommending a traditional holiday walk. Instead, staff and the LGBA have worked to develop a package of attractions and promotions that will provide safe experiential opportunities for families and robust online opportunities, so customers can engage local businesses in person or remotely, as they are comfortable. The "La Grange Delivers Holiday Wishes” campaign will include the following: Enhanced holiday lighting experiences at the Village Hall grounds and Stone Avenue Train Station, with accent displays at other select locations throughout the central business district; professional holiday window displays in various storefronts; a digital, interactive holiday “wishbook” featuring products from La Grange retailers for online purchase during the holiday season; Facebook Live retail events, hosted by various retailers with operational and marketing support provided through the LGBA and Village; and Santa visits at FNBC

Bank. Prior to arrival at the bank, Santa will tour the downtown by fire truck on Saturday December 5; and there will be drive-by holiday character experiences at Stone Avenue Station.

The annual holiday promotions are driven by aggressive marketing and publicity efforts funded by the Village with the assistance of Ripson Communications. Last year, the campaign ran from Thanksgiving to Christmas. This year, staff recommends engaging Ripson Communications again to promote holiday shopping and key shopping dates. However, due to trends in customer purchasing, staff recommends the publicity efforts begin immediately upon contract execution to ensure media coverage beginning in early November

Typically the holiday promotions include the LGBA Shoppers Reward Program, which provides a $50 LGBA gift certificate to qualified customers who spend a minimum of $300 in La Grange. This year the LGBA intends to organize a raffle to benefit local retailers and restaurants heavily impacted by COVID and the business association itself, Because the LGBA proposes to sell raffle tickets during the holiday season, they are therefore electing not to administer the Shoppers Rewards program this year.

In 2019, total holiday walk expenses, excluding staff time were approximately $33,000. In 2019 the Ripson promotional expenses were approximately $10,000 and the Shopper Rewards program was $2,400. The overall cost of the total 2020 promotions is comparable to past years' total expenses for the holiday walk.

To help defray the expenses for these attractions and promotions, the LGBA is requesting that the Village co-sponsor the holiday campaign in an amount of $16,000, as is provided for in the Village's FY 2020/2021 budget. Traditionally, the Village has provided its sponsorship to the LGBA as an after-event reimbursement, once the LGBA has provided the supporting documentation required by the Village's sponsorship agreement. As outlined in the attached request from the LGBA, this year they are asking the Village to provide its sponsorship by engaging the vendors and/or purchasing the materials as needed. The total cost of these three efforts, based on estimates and contracts provided to-date, is anticipated to be $16,000. The LGBA would enter into contracts with vendors as needed to execute the other promotions as usual.

It was noted that Nancy Cummings of the La Grange Business Association was in attendance to answer any questions.

It was moved by Trustee Holder to approve the 2020 holiday promotions, seconded by Trustee Kotynek.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Holder, Kotynek, McCarty and McGee 

Nays: None 

Absent: None

President Kuchler thanked the La Grange Business Association and Village staff for their hard work during this challenging time, and encouraged everyone to enjoy the holidays safely in La Grange.

7. PUBLIC COMMENT

None.

8. TRUSTEE COMMENTS

None.

9. CLOSED SESSION

At 8:30 p.m. a motion was made by Trustee McCarty and seconded by Trustee Augustine to adjourn into closed session for the potential purpose of (a) discussing matters related to the purchase or lease of property for the use of the Village and (b) discussing pending litigation involving the Village.

10. ADJOURNMENT 

At 9:40 p.m. Trustee Kotynek made a motion to adjourn, seconded by Trustee Gale. Approved by a voice vote.

https://www.villageoflagrange.com/ArchiveCenter/ViewFile/Item/2570

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